Title 16, Chapter 8, Section 3
( 16-8-3)
(a) A person commits the offense of theft by deception when he
obtains property by any deceitful means or artful practice with the
intention of depriving the owner of the property. (b) A person deceives if he intentionally: (1) Creates or confirms another's impression of an existing fact
or past event which is false and which the accused knows or
believes to be false; (2) Fails to correct a false impression of an existing fact or
past event which he has previously created or confirmed; (3) Prevents another from acquiring information pertinent to the
disposition of the property involved; (4) Sells or otherwise transfers or encumbers property
intentionally failing to disclose a substantial and valid known
lien, adverse claim, or other legal impediment to the enjoyment of
the property, whether such impediment is or is not a matter of
official record; or (5) Promises performance of services which he does not intend to
perform or knows will not be performed. Evidence of failure to
perform standing alone shall not be sufficient to authorize a
conviction under this subsection. (c) "Deceitful means" and "artful practice" do not, however, include
falsity as to matters having no pecuniary significance, or
exaggeration by statements unlikely to deceive ordinary persons in
the group addressed. |